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Claim form - Lowell Portfolio / Lowell solicitors.

Hello everyone, I was wondering whether I could engage some help / advice.

A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

Claim form - Lowell Portfolio / Lowell solicitors.

I made a post in another section which doesn't appear to be attracting any replies...so I thought it might help if I posted here? Sorry if I end up irritating anyone!

Hello everyone, I was wondering whether I could engage some help / advice.

A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

Re: Claim form - Lowell Portfolio / Lowell solicitors.

As the claim form is dated 13 February 2017 the acknowledgment of service is due to be filed before 4pm on 4 March 2017 and the defence befoe 4pm on 18 March 2017.

I would suggest filing g the acknowledgment of service within the next few days to get it out of the way. If you indicate that you are disputing the full amount then that leaves your options open.

On the other hand if you admit the amount you think you owe then the claimant may well accept that and ask for Judgment (CCJ) to be entered for that amount. However be aware that if you pay a CCJ more than a month after the judgment date, it stays on your credit history for six years

Send a CPR 31.14 request to Llowells solicitors requesting a copy of any documents mentioned in the particulars of claim ie. agreement, assignment, termination notice - LB has a template you can use.

I would think that they will probably accept a settlement offer because it costs them to proceed with the claim In which case a Tomlin order may be able to be agreed whereby the agreed sum is paid in monthly installments with no county court Judgment being entered against your Mum.

This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please emailjo@joannaconnollysolicitors.co.uk.Our initial advice is always free.

Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hello, thank you for responding, I very much appreciate it.

I've submitted the acknowledgement so that gives me time to submit a further part admission later. Shall I send CPR 31.14 via post asking for a statement? As we are yet to receive one. However, t-mobile, to date have refused to provide us a breakdown.

What shall I include as part admission 15£ only or include the court fees?

Whilst filling out the CPR 31.14 I wasn't sure what to put here:

Code:

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Also, do I need to include this section or fee?

Code:

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

Re: Claim form - Lowell Portfolio / Lowell solicitors.

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLENB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Really sorry for seeming dense. This is the first time I'm doing anything like this.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

Do I need to enclose a fee? Particularly considering "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Defence Example this would be adjusted to suit, you really need to look around the threads on this site and look at telecon etc threads to get the idea and adjust to fit your situation! you have the time to look around before submission

04/03/2017
Lowell Solicitors LIMITEDPO BOX 1419NORTHAMPTONNN2 1BUDear Sirs,
Claim Number: xyzRequest for documents mentioned in a statement of case under CPR 31.14
On 15/03/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 18 March 2017.1. Agreement
2. Notice of AssignmentIn accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely